On May 15, 2017, in move that some are calling one of the many ways to shrink the Black population, General Sessions Judge Sam Benningfield signed a standing order that allows inmates to receive 30 days credit toward jail time if they undergo a birth control procedure.
That procedure would be permanent for men. No more way to recreate if they take this “deal.”
Women who participate in the program are given a Nexplanon implant in their arm, the implant helps prevent pregnancies for up to four years. Men who volunteer to participate are given a vasectomy, free of charge, by the Tennessee Department of Health.
County officials said that since the program began a few months ago 32 women have gotten the Nexplananon implant and 38 men were waiting to have the vasectomy procedure performed.
But the ACLU had this to say about the so-called “deal.” “Offering a so-called ‘choice’ between jail time and coerced contraception or sterilization is unconstitutional. Such a choice violates the fundamental constitutional right to reproductive autonomy and bodily integrity by interfering with the intimate decision of whether and when to have a child, imposing an intrusive medical procedure on individuals who are not in a position to reject it. Judges play an important role in our community – overseeing individuals’ childbearing capacity should not be part of that role.”
In an interview with Tennessee News Station 5, Judge Benningfield said that he was trying to break a vicious cycle of repeat offenders who constantly come into his courtroom on drug related charges, subsequently can’t afford child support and have trouble finding jobs.
“I hope to encourage them to take personal responsibility and give them a chance, when they do get out, to not to be burdened with children. This gives them a chance to get on their feet and make something of themselves,” Judge Benningfield said in an interview.
First elected in 1998, Judge Benningfield decided to implement the program after speaking with officials at the Tennessee Department of Health.
“I understand it won’t be entirely successful but if you reach two or three people, maybe that’s two or three kids not being born under the influence of drugs. I see it as a win, win,” he added.
Inmates in the White County jail were also given two days credit toward their jail sentence if they complete a State of Tennessee, Department of Health Neonatal Syndrome Education Program. The class aimed to educate those who are incarcerated about the dangers of having children while under the influence of drugs.
“Hopefully while they’re staying here we rehabilitate them so they never come back,” the judge said.
District Attorney Bryant Dunaway, who oversees prosecution of cases in White County is worried the program may be unethical and possibly illegal.
“It’s concerning to me, my office doesn’t support this order,” Dunaway said.
“It’s comprehensible that an 18-year-old gets this done, it can’t get reversed and then that impacts the rest of their life,” he added.
But what’s also disturbing is that what if the jail time was created with the optional time in mind? Meaning, it wouldn’t matter the town, state or whoever if they didn’t serve that extra 30 days because that was taken into account during sentencing. Which means, a whole generation, a lineage of people wiped out, just for getting out a month earlier.
Wow.
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